According to Article 57 of the Trademark Law, any of the following acts can be regarded as trademark infringement:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;
(6) intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(7) causing other damage to the exclusive right to use a registered trademark of others. Legal objectivity:
Trademarks are commercial signs that distinguish the sources of goods or services. With the further development of economy, the market competition is further intensified, coupled with local protection, crazy pursuit of infringement profits and other factors, trademark infringement occurs from time to time. However, the trademark right is artificially divided into "prohibition" (prohibition right) and "line" (exclusive right). In terms of "business", the effect of rights is only limited to the registered trademark and the goods or services approved for use (Article 51 of the Trademark Law), but in terms of "prohibition", the trademark owner has the right to prohibit others from using similar trademarks on similar goods or services without permission (Article 52 (1) of the Trademark Law). This has caused the task of identifying trademark infringement to be very complicated and arduous. In view of this, the author of this paper intends to discuss the related contents of trademark infringement in order to help the future work. I. Types of Trademark Infringement Article 52 of the Trademark Law of the People's Republic of China stipulates five kinds of infringement of the exclusive right to use a registered trademark: 1. Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant. This article can be divided into four forms of trademark infringement: a. The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused trademark belong to the same category as the goods approved for use by the registered trademark. B the trademark accused of infringement is the same as the registered trademark, and the goods used by the trademark accused of infringement are similar to those approved for use by the registered trademark. C. The trademark accused of infringement is similar to the registered trademark, and the trademark used by the accused infringing trademark belongs to the same category as the goods approved for use by the registered trademark. D the trademark accused of infringement is similar to the registered trademark, and the goods used by the accused infringing trademark are similar to the goods approved for use by the registered trademark. 2. Selling goods that infringe the exclusive right to use a registered trademark; 3. Forging or manufacturing others' registered trademark logos without authorization or selling forged or manufactured registered trademark logos without authorization; 4, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again. This behavior is also called "reverse impersonation". 5, causing other damage to the exclusive right to use a registered trademark of others. Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that the following acts are acts that cause other damage to others' exclusive right to register a trademark as stipulated in Item (5) of Article 52 of the Trademark Law: (1) using words that are identical or similar to others' registered trademarks as the company's font size on the same or similar goods, which is easy to mislead the relevant public; (2) Copying, imitating or translating a well-known trademark registered by another person or its main part used as a trademark on different or similar goods, misleading the public, and possibly damaging the interests of the registrant of the well-known trademark; 3. Registering words that are the same as or similar to other people's registered trademarks as domain names, and conducting e-commerce of related goods transactions through this domain name, is likely to mislead the relevant public. 2. The process of identifying the infringement of registered trademark rights has the following three basic steps: 1. Determine the right scope of the exclusive right to use a registered trademark. The scope of the right to exclusive use of a registered trademark is the basic basis for identifying trademark infringement. All the factors considered in judging whether trademark infringement can be identified or claimed to constitute are carried out around the right scope of the exclusive right to use a registered trademark. According to Article 51 of China's Trademark Law: "The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use." . Obviously, from this provision, the scope of the right to exclusive use of a registered trademark is limited to the registered trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the registered trademark; Second, the goods approved for use by the registered trademark. The combination of the two constitutes the right scope of the exclusive right to use a registered trademark, which also determines the standard for comparing the trademark infringement with the accused infringement object, so as to draw the conclusion whether it constitutes infringement. 2. Determine the specific object of the alleged infringement. The determination of the object accused of infringement is determined by two factors, one is the trademark accused of infringement, and the other is the goods used by the trademark accused of infringement. The significance of determining the specific object of the alleged infringement lies in determining and solidifying the carrier of the alleged infringement, laying a solid foundation for the comparison with the protection scope of trademark rights in the next step. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement. 3. Compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark, and determine whether the trademark accused of infringement is the same or similar, and whether the goods used by the accused infringing trademark belong to the same category or similar to the goods approved for use by the registered trademark. Through the three basic steps of identifying infringement, especially after comparing the accused infringing object with the registered trademark and the goods approved for use by the registered trademark, we can determine whether it constitutes trademark infringement.